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(영문) 서울고등법원 2020.02.06 2019노2126
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and confiscation) is too unreasonable.

(b) Inspection 1) misunderstanding of facts: Russyl niittrite, hereinafter the same shall apply) detected in Esia, which was detected in 34.40 g (Evidence No. 16) of the original judgment, from among the parts of the judgment of the court below.

) For the purposes of Category 2 temporary narcotics, pentethyl niitrite, designated as temporary narcotics; hereinafter the same shall apply.

However, the lower court rendered a not guilty verdict on this part of the facts charged on the ground that the Egypt did not constitute a Class 2 temporary narcotics, etc. by misunderstanding the facts. 2) The above sentence sentenced by the lower court of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. The prosecutor ex officio changed the facts charged in this case to the following [the altered facts charged], and applied for amendments to the indictment with the content that "Article 61(1)8, Article 5-2(5)3, and Article 67 of the Act on the Control of Narcotics, Etc. and Articles 37 and 38 of the Criminal Act".

Inasmuch as the subject of the judgment was changed by this court's permission, the judgment of the court below was no longer maintained including the acquittal of reasons.

[Revised charges] The Defendant, a Chinese national, posted a sales advertisement on “B,” a website exclusively for the Internet same-sexs, and was selling temporary narcotics. The Defendant, around 17:00 on March 7, 2019, at the Defendant’s residence located in Seongdong-gu Seoul Metropolitan Government, and at the residence of the Defendant, designated as temporary narcotics of Type 2, is the same.

) 13 illness 1019.9g and Ethipropropy nitrite, the same shall apply hereinafter.

() 1 bottle 28.10g and Ebrine nitrochloroethylene (one chloroethylene 1/34.4g in the Gimchi-type and possessing them in water in front of the DNA station of the subway No. 1 of Jongno-gu Seoul Metropolitan Government, and possessing them in water in front of the subway No. 1 of the subway No. 1 of Jongno-gu, Jongno-gu, Seoul. 2.

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